Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 65, Quezon, City

Mr. X,
Plaintiff,
CIVIL CASE NO. 12345
-versus -
For:
ANNULMENT OF TITLE
Mr. Y and Ms. Z,
Respondents.

x------------------------------x

ANSWER WITH SPECIAL AND AFFIRMATIVE DEFENSES

AND COUNTERCLAIM

NOW COMES the respondents in the above entitled case, and to this Honorable
Court most respectfully allege :

1. Respondents admit the averments in paragraphs 3,4,5 and 6 of the

complaint;

2. Respondents specifically deny the allegation in paragraph 7 of the

complaint, the truth being that herein respondents do not have possession
over the owners duplicate copy of title during the lifetime of Mr. ZY.
Arguably, it was incumbent upon the buyer, being a privy to the contract of
sale, to compel delivery of the title thereof. Herein respondent having no
privity with that contract cannot be compelled to do particular acts where
they have no obligation to perform. As held in PHILIPPINE NATIONAL
BANK vs.TERESITA TAN DEE G.R. No. 182128

The basic principle of relativity of contracts is that contracts can

only bind the parties who entered into it, and cannot favor or prejudice a third
person, even if he is aware of such contract and has acted with knowledge
thereof. "Where there is no privity of contract, there is likewise no obligation or
liability to speak about."

3. Respondents specifically deny the allegations in paragraphs 8,9 and 10 of

the complaint, the truth being that Lot 567 no longer forms part of the
 estate of Mr. ZY. Herein respondents having acquired said property free
from all liens and encumbrances during public auction held on November
1980. A warrant of levy dated November 20,1980 is hereto attached as
Annex 1.

4. A Certificate of Absolute Definitive Deed of Sale in favor of the

respondents as the highest bidder is also attached hereto as Annex 3

By way of special and affirmative defenses, Respondents aver:

1. That the Plaintiff has purchased said land from Mr. ZY with notice of lis
pendens annotated at the dorsal portion of the title and an Attachment lien
was duly registered in the register of deeds of Quezon City, and
annotated in the corresponding title even prior to the purported sale
thereof; Copy of title bearing said annotation is hereto attached as Annex
2.

2. That the cause of action has prescribed.

By way of counterclaim, respondent allege:

1. That by virtue of this suit initiated by the plaintiff, defendant was forced to
engage counsel in the sum of P100,000.00.

WHEREFORE, it is respectfully prayed that the complaint be dismissed and

defendant be awarded the amount of P100,000.00

Other equitable reliefs are likewise prayed for.

Quezon City, Philippines, September 11, 2017.

ATTY. ABCD
Counsel for Respondents
27th Floor, The Atlanta Centre
No. 31, Annapolis Street, Greenhills
San Juan, Metro Manila
Email: 1234324@yahoo.com
PTR No. 0834523- 01/04/17- San Juan City
IBP Lifetime Roll No. 07642-1/13/17- Quezon City
Roll of Attorneys No. 43003
MCLE Compliance No. IV-0010567-06/10/2017
Series of 2017

Copy Furnished:

ATTY. EFG HIJK

Counsel for the Plaintiff
1234 Project 6, Quezon City, Philippines

EXPLANATION

This Certifies that personal service was not resorted to for the reason that due to time,
distance and manpower constraints, the same is not practicable.

ATTY. ABCD
Counsel for Respondents
27th Floor, The Atlanta Centre
No. 31, Annapolis Street, Greenhills
San Juan, Metro Manila
Email: 1234324@yahoo.com
PTR No. 0834523- 01/04/17- San Juan City
IBP Lifetime Roll No. 07642-1/13/17- Quezon City
Roll of Attorneys No. 43003
MCLE Compliance No. IV-0010567-06/10/2017

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